PR597566 - Decision - 09 Nov 2017

[2017] FWC 5867
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards –Plain language re-drafting –Security Services Industry Award 2010
(AM2016/15,AM2014/89)

JUSTICE ROSS,PRESIDENT

MELBOURNE,9 NOVEMBER 2017

4 yearly review of modern awards –plain language re-drafting –Security Services Industry Award 2010.

[1] A conference was held on 8 November 2017 to discuss the plain language re-drafting of the Security Services Industry Award 20101 A transcript2 of the conference is available on the Commission’s website. The following parties were in attendance at the conference:

  • Australian Business Industrial and the NSW Business Chamber (ABI);


  • Australian Security Industrial Association Ltd (ASIAL);and


  • United Voice (UV).


[2] The attached report sets out the status of the matters discussed at the conference and is summarised in the table below.

Items

Status

1,2,7,9,11,20,34,47

Withdrawn

4,8,10,21,22,23,25,28,31,36,50,57

Resolved at conference. Changes agreed to will be incorporated and the Plain Language Exposure Draft will be re-published for parties to review and comment.

30,32,33,37

Full Bench to determine with regard to submissions put.

12 –16,17,39,41,43

Parties to confirm their position and make further submissions.

56

Substantive decision to be made

3,5,6,18,19,24,26,27,29, 35,38,40,41,42,43,44,45,46,48,49,51 –55

Plain language drafter to provide comments about how the issue may be resolved

12 –16,17,26,27,29

Further conference

Next steps

[3] Parties are to confirm their position and make further submissions in respect of Items 12-16,17,39,41 and 43 by 4.00pm Friday 17th November 2017.

[4] A revised summary of submissions and plain language exposure draft incorporating changes arising from the resolved items will be published shortly. Interested parties will be given an opportunity to comment.

[5] All submissions are to be sent to amod@fwc.gov.au.

PRESIDENT

[2017] FWC 5867

REPORT



Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards
(AM2016/15,AM2014/89)

SECURITY SERVICES INDUSTRY AWARD 2010
[MA000016]

JUSTICE ROSS,PRESIDENT

MELBOURNE,9 NOVEMBER 2017

Note the paragraph ([ ]) references are to the transcript of the conference on 8 November 2017.

Item 1 —Title and commencement ([251] –[252])

Withdrawn.

Item 2 —Definition ‘default fund employee’ ([253] –[254])

Withdrawn.

Item 3—proposed definition of shiftworker ([277] –[280])

Refer submissions to plain language expert for further drafting comments.

Item 4—definition ‘cash in transit’ ([280] –[283])

Agreed.

Items 5 and 6—coverage ([284] –[292])

Refer submissions to plain language expert for further drafting comments.

Item 7—Coverage ([262] –[264])

Withdrawn.

Item 8—Coverage ([292] –[294])

Agreed.

Item 9—Individual flexibility Arrangements ([266])

Withdrawn.

Item 10—Title and commencement ([295] –[296])

Agreed.

Item 11—Types of employment ([298] –[300])

Withdrawn.

Item 12 –16—Part-time employment ([303])

Refer submissions to plain language expert for further drafting comments.

Item 17—Casual employment ([305])

Refer submissions to plain language expert for further drafting comments.

Items 18 and 19—Classifications—Licensing ([323] –[326])

Refer submissions to plain language expert for further drafting comments.

Item 20—Classifications ([268])

Withdrawn.

Item 21—Shift duration –part-time employees ([326],[334] –[335])

Parties’positions noted. Parties do not have a strong view in support of changing the provision to increase rostering flexibility.

Item 22—Hours of work ([341] –[343])

Resolved.

Item 23—Hours of work –reference to union ([344] –[349])

Resolved. UV does not press objection to submission.

Item 24—Hours of work –rest breaks ([350])

Refer submissions to plain language expert for further drafting comments.

Item 25—Hours of work –display of rosters ([350])

Agreed.

Items 26 –27—Hours of work and breaks ([356])

Refer submissions to plain language expert for further drafting comments.

Item 28—Hours of work and breaks ([358])

Resolved.

Item 29—Hours of work and breaks ([366])

Refer submissions to plain language expert for further drafting comments.

Item 30—Hours of work and breaks ([371] –[376])

Full Bench to determine on submissions put.

Item 31—Breaks ([378])

Agreed.

Item 32—Breaks between shifts ([385])

Full Bench to determine on submissions put.

Item 33—Minimum wages ([386] –[390])

Full Bench to determine on submissions put.

Item 34—Table 4—Minimum rates ([393])

Withdrawn.

Item 35—Payment of wages ([402])

Refer submissions to plain language expert for further drafting comments.

Item 36—Payment of wages ([402])

Agreed.

Item 37—Allowances ([404] –[407])

Full Bench to determine on submissions put.

Item 38—Allowances –Broken shift allowance ([411])

Refer submissions to plain language expert for further drafting comments.

Item 39—Allowances –supervision allowance ([416])

ASIAL to file submissions by close of business on Friday 17 November 2017 and FWC to refer submissions to plain language expert for further drafting comments.

Item 40—Allowances –Relieving officer allowance ([427])

Refer submissions to plain language expert for further drafting comments.

Item 41—Allowances –Relieving officer allowance ([429] –[439])

Dispute over how entitlement applies. Parties are to confirm their positions by close of business on Friday 17 November 2017 and FWC to refer submissions to plain language expert for further drafting comments.

Item 42—Allowances –Meal allowance ([441])

Refer submissions to plain language expert for further drafting comments.

Items 43 –44—Overtime ([442] –[453])

Refer submissions to plain language expert for further drafting comments. ASIAL to confirm its position by close of business on Friday 17 November 2017 and FWC to refer submissions to plain language expert for further drafting comments.

Items 45 –46—Overtime ([454],[460])

Refer submissions to plain language expert for further drafting comments.

Item 47—Overtime ([270])

Withdrawn.

Items 48 –49—Penalty rates ([463] –[468])

Refer submissions to plain language expert for further drafting comments.

Item 50—Penalty rates ([476])

Agreed.

Items 51 –55—Annual leave ([477] –[478],[483],[486],[488],[505])

Refer submissions to plain language expert for further drafting comments.

Item 56—Annual leave ([491] –[501])

Substantive change.

Item 57—Classifications ([507])

Agreed.

 1  See summary of submissions published on 31 October 2017.

 2  Transcript of 8 November 2017.

Printed by authority of the Commonwealth Government Printer

<Price code C,PR597566>

About this document
(1)
Code:
PR597566
Title:
PR597566 - Decision - 09 Nov 2017
Effective:
9 Nov 2017
Updated:
12 Nov 2017
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